Ordinance - 2019 - 818 - Sale & Conveyance Of 67 E State/Eura - 07/02/2019- OR G �A
ORDINANCE NO. 818
AN ORDINANCE APPROVING THE SALE AND CONVEYANCE OF REAL PROPERTY
OWNED BY THE CITY OF EAGLE AND LOCATED AT 67 EAST STATE STREET, EAGLE,
ADA COUNTY, IDAHO TO THE URBAN RENEWAL AGENCY OF EAGLE CITY, IDAHO,
ALSO KNOWN AS THE EAGLE URBAN RENEWAL AGENCY, A TAX SUPPORTED
GOVERNMENTAL UNIT; REAFFIRMING THE REAL PROPERTY OWNED BY THE CITY
WILL BE UNDERUTILIZED AND NOT BE USED FOR PUBLIC PURPOSES; PROVIDING
AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
A WAIVER OF THE READING RULES
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the state of Idaho; and
WHEREAS, pursuant to the provisions of Idaho Code § 50-1401, 50-1402, 50-1403 and 50-
1407 Eagle City has the statutory power and authority to convey or exchange real property owned by the
City and not needed for City purposes; and,
WHEREAS, Idaho Code § 50-1403 provides that when acity council determines it to be in the
city's best interest that atransfer or conveyance be made, the city council may, by ordinance duly
enacted, authorize the transfer or conveyance of any real property owned by such city to any tax
supported governmental unit, with or without consideration; and,
WHEREAS, pursuant to the provisions of Idaho Code § 50-1402, the City Council at a public
meeting on June 6, 2019, declared the minimum sale price of the subject property to be sold is Two
Hundred Twenty Thousand Dollars ($220,000.00); and
WHEREAS, pursuant to the provisions of Idaho Code § 50-1402, on the 6th day of June 2019,
the City Council declared its intent on the record to sell the subject property, and the City Clerk
published a summary of that action with a notice of public hearing on the matter at least fourteen
(14) days prior to a hearing to consider the proposed sale; and
WHEREAS, at its regular meeting on the 2nd day of July 2019, the City Council held a public
hearing and determined (a) that the subject property is underutilized and not needed for City purposes, (b) that
the subject property should be exchanged, conveyed or offered for sale in accordance with the provisions set
forth in Idaho Code§ 50-1403;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho:
Section 1: That City Council finds the subject property, as more particularly described in Exhibit A, and
as generally shown on Exhibit B, and the Purchase and Sale Agreement for Real Property attached hereto
as Exhibit C, all incorporated herein by reference, is underutilized and not being used for public
purposes.
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Section 2: That the City Council finds and determines it is in the City's best interest that the City sell
and convey the subject property owned by the City and described in Exhibit A and B, and in the
Purchase and Sale Agreement (Exhibit C) to the Urban Renewal Agency of Eagle City, aka Eagle
Urban Renewal Agency, a tax supported governmental unit.
Section 3: That the Purchase and Sale Agreement for Real Property, attached hereto as Exhibit B is
hereby approved as to form and content.
Section 4: That the subject property shall be conveyed pursuant to the provisions of Title 50, Chapter 14,
of the Idaho Code.
Section 5: That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and
attest to said Purchase and Sale Agreement for Real Property, and any other documents as may be
necessary, for and on behalf of the City of Eagle.
Section 6: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the members of the full
Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same
is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect immediately
upon its passage, approval and publication.
Section 7: The provisions of this ordinance are hereby declared to be severable and if any provision
of this act or the application of such provision to any person or circumstance is declared invalid for
any reason, such declaration shall not affect the validity of remaining portions of this ordinance.
Section 8: This ordinance shall take effect and be in force from and after its passage, approval, and
publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in
compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this
CITY OF EAGLE
Ada County, Idaho
STAN RIDGEWAY
MAYOR
day of July 2019.
ATTEST:
SHARD ' . BERGMANN
CITY CLERK
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EXHIBIT A
LEGAL DESCRIPTION
The East one-half(E 1/2) of Lot 3 and the West 3.64 feet of Lot 4 in Block Three Eagle Townsite, Ada
County, Idaho, according to the official plat thereof on file and of record in the office of the recorder of
Ada County, Idaho.
EXHIBIT B
MAP OF SUBJECT PROPERTY
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EXHIBIT C
REAL ESTATE PURCHASE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement"), is entered into and made
effective on July , 2019 (the "Effective Date"), by and between the City of Eagle, an Idaho
Municipal Corporation, whose address is 660 E. Civic Lane, Eagle, ID 83616 (herein the "Seller" or
"CITY"), and the Eagle Urban Renewal Agency, and whose address is 660 E. Civic Lane, Eagle, ID
83616, (herein the "Buyer" or "EURA").
WHEREAS. CITY and EURA desire to cooperate in redevelopment efforts of portions of
downtown Eagle; and,
WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council
may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax
supported governmental entity with or without compensation; and,
WHEREAS, a public hearing was held at the regular meeting of the Eagle City Council on July
2, 2019 and at the conclusion of said hearing, the City Council approved Ordinance No. 818 authorizing
the conveyance; and,
WHEREAS, CITY wishes to sell the following described Property to EURA and EURA
desires to purchase the Property under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises, covenants, representations, and
warranties set forth in this Agreement, and for other valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, CITY (Seller) and EURA (Buyer) agree as set forth below.
1. Definitions. The following terms have the following meanings when used in this Agreement:
"Agreement". This Purchase and Sale Agreement, including all exhibits attached to this
Agreement.
"Business Day". A day other than a Saturday, Sunday, or any federal holiday.
"Closing". The consummation of the Transaction, as evidenced by the delivery of all required
funds and documents to Escrow Agent and the disbursement or delivery of such funds and documents by
Escrow Agent in. accordance with this Agreement and any other consistent instructions.
Real Estate Purchase Agreement Page 1
"Closing Date". Closing of this transaction shall occur at a date agreed to by the parties but in
any event no later than September 30, 2019.
"Effective Date". The date this Agreement is signed by all parties.
"Escrow". The escrow to be created in accordance with this Agreement.
"Escrow Agent". Alliance Title Eagle Office
"Property". The land commonly known as the "Eagle Museum" at 67 E. State Street, Eagle,
Idaho and more particularly described as E1/2 Lot 3, W 3.64' of Lot 4, Eagle Townsite #889112, City of
Eagle, Ada County Idaho.
"Purchase Price". The total purchase price to be paid by Buyer for the Property, as set forth in
Section 3 of this Agreement.
"Transaction". The purchase and sale of the Property contemplated by this Agreement.
2. Definitive Agreement for Purchase and Sale of Property. Upon full execution, this Agreement
will be a binding agreement between Buyer and Seller for the purchase and sale of the Property on the
terms, conditions and provisions set forth in this Agreement. This Agreement supersedes all other written
or oral agreements between Buyer and Seller concerning the Transaction. If Buyer and Seller execute any
separate escrow instructions with respect to the Transaction on Escrow Agent's form, as may be modified
by Buyer and/or Seller in the sole discretion of each, and if there is any conflict or inconsistency between
any provision of such escrow instructions and any provision of this Agreement, the provision of this
Agreement will control.
3. Purchase Price and Method of Payment. The Purchase Price shall be two hundred and twenty
thousand dollars ($220,000.00) to be paid in full at Closing.
4. Title Commitment. Within three (3) days from the date this Agreement is signed by all parties,
Escrow Agent shall issue and deliver to Buyer and Seller a commitment for title insurance with respect to
the Property disclosing all matters of record and other matters of which Escrow Agent has knowledge
which relate to the title to the Property, detailing Escrow Agent's requirements for closing the Escrow,
committing to issue to Buyer an ALTA Standard Owner's Policy of Title Insurance with respect to the
Property, and providing legible copies of all instruments referred to in the report (collectively, the
"Commitment").
Buyer has fifteen (15) days after the Effective Date or after receipt of the Commitment, whichever
occurs later, to review and to object in writing to any easements, liens, encumbrances or other exceptions
or requirements in the Commitment (the "Title Objections"). If Buyer does not approve the Commitment
or object within the time specified, then the condition of title to the Property reflected on the Commitment
will be deemed approved. If the Title Objections are made within the time specified, Seller may, but shall
not be required to, attempt to eliminate the matters covered by the Title Objections by or before the Closing
Date. If Seller is unable or unwilling, in their sole discretion, to eliminate the matters covered by the Title
Real Estate Purchase Agreement Page 2
Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer,
and Buyer may either waive the Title Objections that Seller was unable or unwilling to eliminate or
terminate this Agreement.
4.1 Amendments to Title Commitment. If the Commitment is amended by Escrow Agent,
Escrow Agent shall immediately deliver to Buyer and Seller the amendment and provide legible copies of
all additional instruments referred to in the amendment (collectively, the "Amendment"). Buyer has ten
(10) days from the date of Buyer's receipt of the Amendment or through the Closing Date, whichever
occurs earlier, to review and to object in writing to any easements, liens, encumbrances, or other
exceptions or requirements in the Amendment which were not disclosed by the Commitment or a previous
Amendment ("Additional Title Objections").
If Buyer does not approve the Amendment or object within the time specified, then the condition
of title to the Property reflected on the Amendment will be deemed approved. If the Additional Title
Objections are made within the time specified, Seller may attempt to eliminate the matters covered by the
Additional Title Objections by or before the Closing Date. If Seller is unable or unwilling to eliminate the
matters covered by the Additional Title Objections by or before the Closing Date upon terms acceptable
to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Additional Title Objections that
Seller was unable or unwilling to eliminate or terminate this Agreement.
4.2 Title Insurance Policy. At Closing, Escrow Agent shall commit to issue to and in favor of
Buyer or its assigns a Standard Owner's Policy of Title Insurance with respect to the Property in the amount
of the Purchase Price, insuring fee simple title to the Property in Buyer effective on the Closing Date,
subject to the standard exclusions and exceptions in such form of policy and subject to the Permitted
Exceptions (the "Title Policy").
4.3 Inspection and Seller's Property Disclosure Statement. Buyer and/or their designee
have thirty (30) days after the Effective Date (the "Inspection Review Period") to inspect the Property and
to conduct, review and approve any investigations, tests, analyses or studies deemed necessary by Buyer
to determine the condition and feasibility of the Property for Buyer's purpose (the "Inspection Review").
Seller hereby grants to Buyer and Buyer's agents, employees, and contractors a nonexclusive right and
license to enter upon the Property after giving reasonable advance notice to Seller to conduct the
Inspection. Upon completion of the Inspection Review, Buyer shall restore the Property to its condition
existing immediately prior to the Inspection Review. Buyer shall indemnify and hold Seller harmless from
any loss incurred by Seller resulting from damage to the Property caused by the Inspection Review. If for
any reason Buyer determines that the Property is not in a suitable condition or not feasible for Buyer's
purpose, Buyer may terminate this Agreement within the Inspection Review Period and in such event any
Earnest Money Deposit paid shall be returned to Buyer and this Agreement shall be terminated. If Buyer
does not either approve or disapprove the Inspection Review, or otherwise terminate this Agreement prior
to the expiration of the Inspection Review Period, then the Inspection Review will be deemed approved
and any Earnest Money Deposit shall be non-refundable to Buyer, subject only to Seller's default under
this Agreement.
Real Estate Purchase Agreement Page 3
5. Closing.
5.1 Time and Place. Closing will take place in the offices of Escrow Agent on the Closing
Date (defined above).
5.2 Seller's Closing Deliveries. At Closing, Seller shall deliver to Escrow Agent:
5.2.1 A Warranty Deed fully executed and properly acknowledged by Seller, conveying
the Property to Buyer, free and clear of any mortgages, liens or deeds of trust.
5.3 Buyer's Closing Deliveries. At Closing, Buyer shall deliver to Escrow Agent:
5.3.1 Payment in full for the Purchase Price.
5.4 Closing Costs. Buyer shall pay the premium for the standard owner's Title Policy. Buyer
will pay the additional premiums required for any extended coverage or endorsements requested by Buyer.
Escrow and Closing fees will be split equally between Buyer and Seller. Each party must bear its own
costs (including attorneys' fees) in connection with its negotiation, due diligence investigation and conduct
of the Transaction. All other costs associated with the Transaction must be borne by the parties in
accordance with custom in Ada County, Idaho, as determined by Escrow Agent, unless otherwise specified
in this Agreement.
5.5 Possession. Buyer will be entitled to possession of the Property on the Closing Date.
However, Seller may occupy the Property for sixty (60) days after the Closing Date and during that time
Seller shall be responsible for all maintenance, upkeep, utilities and other costs associated with the
Property. Seller will also be responsible for any risk of loss to the Property during these 60 days and shall
maintain insurance covering the Property. Seller shall vacate the Property by the end of the 60 day period
unless Buyer and Seller enter into a separate lease for the Property.
6. Seller's Representations and Warranties. Seller represents and warrants to Buyer that:
6.1 Authority. Seller has full power and authority to enter into this Agreement and complete
the Transaction.
6.2 Binding Agreement. Upon Seller's execution of this Agreement, this Agreement will be
binding and enforceable against Seller in accordance with its terms, and upon Seller's execution of the
additional documents contemplated by this Agreement, they will be binding and enforceable against Seller
in accordance with their terms.
6.3 Title. Seller has fee title to the Property. Seller represents that Seller owns the property free
and clear of any mortgages or deeds of trust.
6.4 No Violations. Seller has not received notice of any violation with regard to any applicable
law, regulation, ordinance, requirement, covenant, condition or restriction relating to the present use,
Real Estate Purchase Agreement Page 4
occupancy or condition of the Property from any person, authority or agency having jurisdiction over the
Property.
6.5 Compliance with Law; Municipal Ordinances. Seller has not received any notices of
violation of any law, regulation, condition of permit or license, order, ordinance, or any requirement
noted in or issued by any federal, state, or local department having jurisdiction over or affecting Property
which has not been. corrected, resolved, or withdrawn, and to the knowledge of Seller, the Property is
in compliance with all applicable federal, state, and local laws and regulations in all material respects.
7. Buyer's Representations and Warranties. Buyer represents and warrants to Seller that:
7.1 Authority. Buyer has full power and authority to enter into this Agreement and complete
the Transaction.
7.2 Binding Agreement. Upon Buyer's execution of this Agreement, this Agreement will be
binding and enforceable against Buyer in accordance with its terms, and upon Buyer's execution of the
additional documents contemplated by this Agreement, they will be binding and enforceable against Buyer
in accordance with their terms.
7.3 Investigation of Property. Buyer has been or will be permitted access to the Property and
will have actually inspected the Property prior to Closing. Buyer's consummation of the Transaction is
based upon such inspection and not on any representations or warranties of Seller.
7.4 No Oral Representations. Buyer hereby acknowledges that neither Seller nor any person
acting on behalf of Seller has made any representation, warranty, guaranty or promise concerning the
Property, whether oral or written.
8. Broker's Commission. Seller and Buyer warrant, each to the other, that they have not dealt with
any broker, realtor or finder in connection with the Transaction.
9. Risk of Loss. The risk of loss will be upon Seller through Closing and any period after Closing in
which Seller is permitted to occupy the Property. In the event of any material loss or damage to or
condemnation of the Property prior to Closing, Buyer may terminate this Agreement. If Buyer waives any
material loss or damage to or condemnation of the Property and proceeds to consummate this Transaction,
or in the event of an immaterial loss, damage or condemnation, Seller shall, at Closing and as a condition
precedent to Closing, pay to Buyer the amount of any insurance or condemnation proceeds attributable to
the Property which have been received by Seller and assign to Buyer as of Closing all rights or claims to
proceeds payable thereafter.
10. Remedies.
10.1 If Seller fails to perform any of Seller's obligations under this Agreement and that failure
continues for five (5) days after Seller's receipt of written notice from Buyer, Buyer may, as Buyer's sole
remedy for Seller's failure, either: (i) terminate this Agreement in accordance with Section 1 1, or (ii) bring
an appropriate action for specific performance of this Agreement.
Real Estate Purchase Agreement Page 5
10.2 If Buyer fails to perform any of Buyer's obligations under this Agreement and that failure
continues for five (5) days after Buyer's receipt of written notice from Seller, Seller may, as Seller's
remedies for Buyer's failure, either: (i) terminate this Agreement in accordance with Section 1 1, or (ii)
bring an appropriate action for specific performance of this Agreement.
11. Termination. If Buyer or Seller elects to terminate this Agreement as provided under this
Agreement, the terminating party shall give written notice of the termination to the other party and Escrow
Agent. Upon termination by a party as provided in this Agreement, Escrow Agent shall return all
documents deposited in the Escrow to the Seller. Upon delivery of such documents, this Agreement and
the Escrow will be deemed terminated, and except as provided in this Agreement neither party will have
any further liability or obligation under this Agreement.
12. Attorneys' Fees. If there is any litigation or other action taken by any party to enforce or interpret
any provisions of or rights arising under this Agreement, the defaulting party shall pay to the other party
all costs and expenses, including but not limited to reasonable attorney fees and costs, which the other
party may incur in enforcing this Agreement or in pursuing any remedy allowed by law, whether such is
incurred by the filing of suit or otherwise.
13. Omitted.
14. Escrow Cancellation Charges. If the Escrow fails to close because of Buyer's default, Buyer will
be liable for any escrow and title commitment cancellation charges by Escrow Agent. If the Escrow fails
to close because of Seller's default, Seller will be liable for any such cancellation charges by Escrow
Agent. If the Escrow fails to close through no fault of either Seller or Buyer, any such cancellation charges
by Escrow Agent shall be divided equally between Seller and Buyer.
15. Additional Acts. The parties agree to execute promptly all other documents and perform all other
acts as may be reasonably necessary to carry out the purpose and intent of this Agreement.
16. Business Days. If this Agreement requires any act to be done or action to be taken on a date which
is not a Business Day, that act or action will be deemed to have been validly done or taken if done or taken
on the next succeeding Business Day.
17. Waiver. The waiver by any party to this Agreement of any right granted to it under this Agreement
is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a
waiver of a subsequent right obtained by reason of the continuation of any matter previously waived.
18. Survival. All of the covenants, agreements, representations and warranties set forth in this
Agreement survive Closing, and do not merge into any deed, assignment or other instrument executed or
delivered under this Agreement.
19. Counterparts/Facsimile. This Agreement may be executed in counterparts, each of which is
deemed an original but all of which constitute one and the same instrument. The signature pages may be
Real Estate Purchase Agreement Page 6
detached from each counterpart and combined into one instrument. This Agreement may be signed and
delivered by facsimile which shall be effective as an original.
20. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the parties
to this Agreement and their respective successors and assigns.
21. Entire Agreement. This Agreement sets forth the entire understanding of the parties with respect
to the matters set forth in this Agreement as of the Effective Date; it supersedes all prior oral or written
agreements of the parties as to the matters set forth in this Agreement; and it cannot be altered or amended
except by an instrument in writing, signed by Buyer and Seller.
22. Construction. This Agreement is the result of negotiations between the parties, neither of whom
has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms
and provisions of this Agreement must be construed in accordance with their usual and customary
meanings. Seller and Buyer hereby waive the application of any rule of law which otherwise would be
applicable in connection with the construction of this Agreement that ambiguous or conflicting terms or
provisions should be construed against the party who (or whose attorney) prepared the executed
Agreement or any earlier draft of this Agreement.
23. Headings. The headings in this Agreement are for reference only and do not limit or define the
meaning of any provision of this Agreement.
24. No Third -Party Beneficiary. No term or provision of this Agreement or the exhibits to this
Agreement is intended to be, nor may any term or provision be construed to be, for the benefit of any
person, firm, corporation or other entity not a party to this Agreement (including, without limitation, any
broker), and no other person, firm, corporation or entity has any right or cause of action under this
Agreement.
25. Severability. If any provision of this Agreement or any portion of any provision of this Agreement
is determined to be invalid, illegal or unenforceable, the invalidity, illegality or unenforceability may not
alter the remaining portion of such provision, or any other provision of this Agreement, as each provision
of this Agreement is deemed severable from all other provisions of this Agreement.
26. Time of Essence. Time is of the essence in the performance of this Agreement.
27. Governing Law. This Agreement is governed by, and construed and enforced in accordance with,
the laws of the State of Idaho.
Real Estate Purchase Agreement Page 7
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date
first written above.
SELLERS:
CITY OF EAGLE
Stan Ridgeway, Mayor Attest, City Clerk
BUYER:
Eagle Urban Renewal Agency
By: Janet Buschert, Chairman
Attest:
Secretary
Real Estate Purchase Agreement Page 8
Account #
Idaho Statesman
Keeping you connected 1 IdahoStatesman.com
AFFIDAVIT OF PUBLICATION
Ad Number Identification
263905 0004289034 ORDINANCE NO. 818 AN ORDINANCE APPRO`
Attention: Tracy Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
ORDINANCE NO. 818
AN ORDINANCE APPROVING
THE SLE AND CONVEYANCE
OF REAL PROPERTY OWNED
BY THE CITY OF EAGLE AND
LOCATED AT 67 EAST STATE
STREET, EAGLE, ADA COUN-
TY, IDAHO TO THE URBAN
RENEWAL AGENCY OF EAGLE
CITY, IDAHO, ALSO KNOWN
AS THE EAGLE URBAN RE-
NEWAL AGENCY, A TAX
SUPPORTED GOVERNMEN-
TAL UNIT, REAFFIRMING THE
REAL PROPERTY OWNED BY
THE CITY WILL BE
UNDERUTILIZED AND NOT BE
USED FOR PUBLIC PURPOS-
ES; PROVIDING AN EFFEC-
TIVE DATE; PROVIDING A
SEVERABILITY CLAUSE; AND
PROVIDING FOR A WAIVER OF
THE READING RULES
WHEREAS, the City of Eagle,
Idaho is a municipal cvporatior1
organized and operating under
the laws of the state of Idaho:
and
WHEREAS, pursuant to the pro-
visions of Idaho Code 50-
1401 ,
0.1401, 5C'1402, 50-1403 and
50-1407 Eagle City has the stat-
utory power and authority to CM-
',fey
c-
, ey or exchanw real property
owned by the City and not need-
ed for City purposes; and,
WHEREAS. Idaho Code § 50—
1403 provides that when a city
council determines it to be in the
city's best Merest that a transfer
or conveyance be made, the city,
council may, by ordinance duly
enacted, authorize the transfer
or conveyance ce of any real prop-
erty owned by such city to any
tax supported gouernrnentat unit,
with or witth,au t consideration:
and,
WHEREAS, pursuant to the pro.
visions of Idaho Code § 50-
1402, 402, the City Council at a pub.
lie meeting on June 6, 2019. de
Glared the minimum sale price of
the subject property to be sold is
Two Hundred Twenty Thousand
Dollars t 220.0, .0 ): and
WHEREAS, pursuant to the
provisions of Idaho Code § bU
1.402, on the 6th day of June
2019, the City Council declared
its intent on the record to sell the
subject property. and the City
Clerk published a summary of
that action v th a notice of public
hearing on the matter at least
1111111111
PO
ORDINANCE NO. 818
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CITY OF EAGLE
JUL12 21_469
File:
Route to.
Amount Cols Deoth
$176.56 1 19.78 In
VICTORIA RODELA, being duly sworn,
deposes and says: That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice, a copy of which is attached
hereto: that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for:
1 Insertions
Beginning issue of: 07/08/2019
Ending issue of: 07/08/2019
r1
,/,-)
(Legals Clerk)
On this 8th day of July in the year of
2019 before me, a Notary Public,
personally appeared before me
Victoria Rodela known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn,
declared that the statements therein
are true, and acknowledged to me
that she executed the same.
MWS
Notary Public in and for the state of
Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
1
S
• ; p
- u
ji•.
rortee t t nt says rior to a
hearing to consider the pro
ppsed sale; and
WHEREAS, at its regular rneet
ing
4n the 2nd day 01 July 2019,
the City Courcil held a pubttc
hearing and determined {a) that
the subjet praperty is
underu#diaed and not needed for
Cty pirposes, (b) that the sub-
jCt
pr serty shay , be ex-
changed, conveyed or offered
for sale in accordance with the
pr�MIsions set fo,. in Idaho
Code§ 5OE1403;
NOW, THEREFOREI BE IT OR-
DAINED
BX THE MAYOR AND
COUNC' OF THE CITY OF
EAGLE, Ada County, Idaho:
Section 1: That City Council
finds the subject poI?rty. as
more parbcuIary described �n
Exhibit A, and as generaily
shown an Exhibit B, and the Pur-
chase and Sale :reement for
Rea Property attached hereto as
Exhi' C. all , , orported herein
by reference, is underutilized and
not being used for ubhc purpos-
es_
5 2: that the Cty Council
finds and deter �; es it is in
City's best interest that the City
sell and convey the subject prod
erty owned by the City and de-
scribed in Exhibit A and B, and in
the Purchase ar4 Sale Agree
meet (Exhibt C) to the Urban Re-
newal Agency of Eagle Cdy, aka
Eagle Urban Renewal Agency, a
tax 5 =prtedgovernmenta1 unit.
$ec. 3: That the Purchase
and Sale Agreement for Real
Property, attached hereto as Ex-
hibit B is hereby aproved as to
form and content.
Section 4: That the subject
property shall be conveyed pur-
suant to the prisi..s of Tit.
50, Chapter 14. of the 1• ho
Code.
Section 5: That the Mayor and
City Clerk be, and they hereby
are, authorszed to respectively
execute and attest to said Pur-
chase and Sale reement for
Rei Property, a any other
documents as may be necessa-
ry, for and on behalf of the City
of Ea le.
Sec (, 6: That pursuant to the
affirmative vote of onehatf (1/2)
plus one (11 of the members of
the fut Counci the nite eg1rrii
two (2) separate readings by tiUe
and one t I t reading rn fug be,
and the same is hereby, ys-
pensetl with, and accordingly,
this Ordinance shad be an fuli
force and eitect irnnediateJy
uppn its passage, appfa'daI and
pubIicaton.
Section 7: The prov;sions a6 this
ordinance are hereby cred
to be severable and if any provi
siwt 4f this act or the app4icatiori
of such provision to any ,•rson
or circumstance is declared inva-
lid for any reason. such declara
tion
shall not affect tie validity of
remaining portions of this ordi
nance.
Section 8: This ordsnance shill
take effect and be in force from
and after its passage, approval,
and pub$scation as required by
law. in lieu of publication of the
entre ordinance, a sumrnasy
theieof in cornp1ance with Sec-
tion 5(}-401A, Idaho Code, may
be pubtished.
ExhiN B and C may be ewed at
Eagle City Halo, 550 E. CMc
LaeIdaho during regular
4.2.4111, 4.4. .1/40,11
proved and adopted this 2nd
dav of July2019.
CI OF EAGLE
Ma Count Idaho
STAN Rir WAY
MAYOR
At i LSI":
S INI( BERGMANN
crre CLERK
EXHIBIT
LEGAL DESCR *MON
The East s/ 1/2) of Lot
3 and the West 3.64 feet of Lot
4 in Block Three Eagle Tateng
Ada Co , Idaho, accord g to
the officia plat thereof on file
and of record in tie °Moe of Ow
recorder of Ma County, I i iho.
----000428903 1